Couple freed after appeal exposes sentencing and conviction error

The High Court of Labasa has freed a couple after finding that a resident magistrate made a fundamental error of law in convicting them of obtaining financial advantage by deception.

Salma Bi and Abdul Munaf appeared before Justice Lee James Burney to appeal their convictions and sentence imposed by the Labasa Magistrate Court.

The couple had been convicted of obtaining financial advantage by deception but were acquitted of conspiracy and assault causing actual bodily harm.

On August 29, 2025, they were sentenced to two years’ imprisonment with a non-parole period of one year.

The appeal centred on the magistrate’s finding that the prosecution had proven the elements of dishonestly obtaining financial advantage by deception.

Justice Burney said while obtaining money through threats and coercion could amount to criminal conduct, that conduct did not satisfy the statutory requirements of obtaining a financial advantage by deception.

He said, in his considered judgment, that the magistrate had made a fundamental error of law.

The convictions recorded against Bi and Munaf were therefore quashed, and the appeal was allowed.

Background

The case arose from a complaint by a man who said Bi was his Facebook friend and that they met in town on September 8, 2022.

The complainant told the court that Bi said she wanted to settle a matter with him and they travelled by taxi to her house.

He claimed that after he showered, Bi asked him to hide because someone was coming.

The complainant alleged that Munaf later found him hiding under the bed wearing only a towel, recorded him on video and took about $35 from his wallet.

He further claimed that Munaf demanded $1000, but he gave $300 after the couple dropped him home and he reported the matter to police the same day.

During trial, Bi denied that she had planned with her husband to extort money from the complainant.

Munaf also denied demanding $1000 or receiving $300, telling the court he was shocked and upset when he found the complainant at the house.

The magistrate found that the prosecution had failed to prove the conspiracy charge and acquitted the couple of that offence.

However, the magistrate was satisfied that the prosecution had proven the charge of obtaining financial advantage by deception and convicted them.

Justice Burney's decision overturned those convictions after finding the offence had not been legally established.